OFFICE OF EQUAL OPPORTUNITY
The University of New Mexico is committed to providing equal access to educational and employment opportunities regardless of race, color, religion, national origin, physical or mental disability, pregnancy, age, sex (including sexual harassment), sexual preference, gender identity, ancestry, spousal affiliation or medical condition.[1] The Office of Equal Opportunity (herein OEO) is the designated entity on campus for assuring compliance with all University policies, state and federal laws/regulations that apply to the civil rights of individuals. The Director of OEO serves as the Title IX Coordinator, ADA Coordinator and the 504 Coordinator for the University.
Any student, staff or faculty
member, who believe that they have experienced an action that violates their
civil rights or which they believe to be discriminatory based upon the
above-referenced categories, may raise their concerns to OEO. OEO has
jurisdiction to investigate claims of discrimination and sexual harassment
brought by students, staff, and faculty against students, staff, faculty and
third parties (i.e., someone who is neither an employee nor student of the
University).
An individual may notify OEO of their concerns by completion and submission of an OEO Intake Form; by submission of a written document describing their concerns; or by verbal notification. The time frame for notifying OEO of concerns is within 90 days of the last alleged incident. This time limit may be extended for good cause.
The information received from an individual will be reviewed and a determination made as to whether OEO has jurisdiction over the concerns. Within five (5) to ten (10) working days, individuals raising concerns will be informed as to whether 1) OEO has determined that it does not have jurisdiction over the concerns; 2) OEO needs more information in order to determine jurisdiction; or 3) OEO has determined that it does have jurisdiction over the concerns.
Should OEO determine that it does not have jurisdiction over the concerns for failure to demonstrate a civil rights claim, students may be referred to the Dean of Students office for possible redress of the concerns. Faculty and staff may be referred to Counseling and Referral Services (CARS), the Dispute Resolution Office, Department of Human Resources, the Chair of the appropriate academic department or the Dean of the appropriate college, depending on the nature of the concerns raised.
If OEO determines that it has jurisdiction over the concerns raised, the assigned investigator will schedule a meeting with the individual raising the concerns (the Claimant) to verify the issues and discuss the options available to the Claimant. A Claimant may choose to pursue one of the four (4) options described below.
As an equal opportunity employer
and an equal educational opportunity institution, the University is legally
obligated to provide and maintain an atmosphere free from discrimination, and
to act upon all reports of discrimination.
Accordingly, OEO reserves the right to determine the option employed to
address the concerns raised independent of the Claimant’s expressed election.
A. Withdraw the Complaint
A Claimant may elect to
withdraw their complaint at anytime after raising concerns to OEO. If a
Claimant chooses to withdraw, the Claimant will be asked to sign a statement
verifying their intent. Even if a
Claimant chooses to withdraw their complaint, OEO reserves the right to
continue its inquiry into the concerns independent of the Claimant.
A Claimant may elect to have OEO conduct an educational
conference with the individual they allege has violated their civil rights (the
Respondent). If a Claimant elects this
option, the Claimant may remain anonymous.
The Claimant will sign a certification stating their election of this
option and that they understand that should the complained of conduct continue
following the educational conference, they may return to OEO for further review
of their concerns.
OEO will contact the Respondent’s first level supervisor and
notify them that concerns have been raised about the Respondent’s alleged conduct. OEO will coordinate a meeting with the
Respondent and the Respondent’s first level supervisor to discuss the concerns
that have been raised. OEO will notify the Respondent of the specific conduct
raised as a concern, while maintaining the anonymity of the Claimant, and will
put the Respondent on notice that if the alleged conduct is occurring, the
conduct must cease immediately. OEO will
provide copies of relevant UNM policies to the Respondent and coach the
Respondent with regard to those policies.
OEO will send a follow-up letter to the Respondent, with
a copy to the Respondent’s first line supervisor, documenting that the meeting
described above occurred. OEO will notify the Claimant by letter that OEO has
met with the Respondent and will follow-up with the Claimant in approximately
three (3) months regarding the Claimants initial concerns.
A Claimant may elect to attempt mediation with the
Respondent to resolve the concerns. If a
Claimant elects this option, OEO will contact the Respondent with the Claimant’s
request to mediate. If the Respondent
rejects the Claimant’s request to mediate, OEO will contact the Claimant to
discuss further options.
If the Respondent accepts the Claimant’s request to mediate, OEO will contact the appropriate Mediation Program (herein the “Program”). The Program will identify an appropriate facilitator(s) and coordinate the mediation between the Claimant and Respondent. Participants will observe all Program policies and protocols.
The Program will notify OEO in writing that 1) the
Claimant and Respondent have resolved the concerns through the
mediation, or 2) the Claimant and Respondent have reached an impasse and failed
to resolve the issues through the mediation. If the mediation has been successful, OEO will
follow-up with the Claimant in approximately three (3) months regarding the
Claimants initial concerns. If the mediation between the Claimant and the
Respondent is unsuccessful, OEO will contact the Claimant to discuss further
options.
A Claimant may elect to pursue a formal investigation that
will result in a CAUSE or NO CAUSE determination as to whether there has been a
violation of relevant University Policy.
A Claimant may elect this option in lieu of an attempt at informal
resolution of the issues (educational conference or mediation), or following an
unsuccessful attempt(s) at informal resolution.
If a Claimant elects this option, within seven (7)
working days after meeting with the Claimant, OEO will send a confirmation
letter to the Claimant providing a summary of any actions taken to date to
resolve the issues and specifying the civil rights issues to be investigated. This time limit may be extended for good
cause. The Claimant will verify in
writing the civil rights issues to be investigated within seven (7) working
days of receipt of the letter. This time
limit may be extended for good cause.
OEO will then contact the Respondent and give notice of the claim and schedule a meeting with the Respondent. At the initial meeting, OEO will advise the Respondent of the investigative process and will provide the Respondent with a written letter outlining the specific allegations advanced by the Claimant. The Respondent will have seven (7) working days to provide a written response to OEO addressing the specific allegations advanced by the Claimant. This time limit may be extended for good cause.
Once OEO has received and reviewed the Respondent’s
response to the allegations, OEO will determine the scope of the investigation. Upon completion of its review of the factual
information gathered, OEO will issue a Preliminary Letter of Determination and
Final Letter of Determination as discussed below.
The Investigator will identify
any additional documentation and witness testimony they believe necessary to
determine whether discriminatory conduct has occurred. OEO will also consult with other University
offices as appropriate. If academic
issues are simultaneously raised by the same set of facts that establish the
alleged civil rights violation/discriminatory act OR if issues of academic
freedom or tenure are involved, OEO will consult with the Chair of the
appropriate department or with the Academic Freedom and Tenure Committee, and
will then proceed with its investigation.
When an investigation is
conducted, witnesses will be determined by reference to the information
obtained during the investigation. The
results of the investigation will be prepared at the conclusion of the investigation
and issued to both parties in the form of a preliminary letter of
determination. The average investigation
time frame is between two weeks and four months
depending on the complexity of the particular claim. The parties will each be given an opportunity
to respond to preliminary findings before OEO makes its final
determination. Parties will have two (2)
weeks from their receipt of the preliminary letter of determination to submit a
response, if any, to OEO. This time
limit may be extended for good cause.
OEO will issue a final letter of
determination within two (2) weeks after
receipt of the parties’ responses, if any, to the preliminary letter of
determination. This time limit may be
extended for good cause. A copy of the
final letter of determination will be kept in the file and an original will be
sent to each of the parties. The final letter of determination may contain
recommendations and will conclude (stated as CAUSE or NO CAUSE) whether or not
discrimination, retaliation or sexual harassment has occurred in violation of
University policy.
The President and the Board of Regents reserve the discretionary authority to review the final determination made by OEO pursuant to University Business Policies and Procedures Manual, Policy #3220, Section 10, which states that the President and the Regents will normally accept review only in extraordinary cases, such as those where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy. If an appeal is accepted, it will first go to the President. The Board of Regents has the discretion to review the President's decision. Any review will be handled pursuant to the policies of the President and Regents concerning discretionary reviews. An appeal to the President must be filed with the Office of the President within two (2) weeks of receipt of OEO’s final determination.
The University recognizes that individuals have a right to privacy. OEO strives to maintain confidentiality to the extent permitted by state and federal laws. However, the University has an obligation to investigate and resolve civil rights claims. Therefore, OEO must share information with persons who have a legitimate “need to know.”
All participants involved with an internal civil rights investigation have a strict duty to keep investigation information confidential. Any attempt by any participant to influence the outcome of an investigation by divulging information to others (who have no legitimate “need to know”) is grounds for disciplinary action.
Student Claimants
may request anonymity when alleging sexual harassment. OEO will evaluate the anonymity request in
the context of the University’s responsibility to provide a safe and
nondiscriminatory work and learning environment. OEO will strive to abide by a
student Claimant’s request for anonymity.
However, when student claimants continue to insist that their identity
not be disclosed to the named Respondent/alleged harasser, they will be advised
that an in depth investigation may or may not be precluded depending on the
circumstances presented in the claim.
OEO reserves the right to disclose the name of a student when necessary
to fulfill the University’s obligations under anti-discrimination
laws/regulations.[2]
As an equal opportunity
employer and an equal educational opportunity institution, the University is
legally obligated to provide and maintain an atmosphere free from
discrimination, and to act upon all reports of discrimination by investigating
claims and taking appropriate corrective action. When allegations of civil rights
violations/discriminatory actions affect more than one individual within a
specific department OR in instances where issues affect multiple parties within
one department, OEO may conduct a departmental investigation. Departmental investigations are requested by
the appropriate Dean of an academic area or the Director of a department in
consultation with OEO. OEO will determine the scope
of the investigation and issue a final report with the details of the
investigation’s results to the appropriate Dean or Director with
recommendations.
It is the policy of the
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Discrimination Claims Procedure 11/30/06
[1] Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, religion, sex (gender), color, or national origin. Title IX of the Educational Amendments of 1972 prohibits discrimination on the basis of sex (gender) in any educational program or activity receiving federal financial assistance. Both Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 prohibit discrimination against qualified individuals with disabilities. The New Mexico Human Rights Act of 1978 and its amendments prohibits discrimination in employment on the basis of race, age, religion, national origin, sexual orientation, gender identity, spousal affiliation, ancestry, sex, physical or mental disability and serious medical condition. The Age Discrimination in Employment Act of 1974 (as amended in 1986) abolished mandatory retirement based on age and prohibits discrimination in employment against individuals age 40 and above. New Mexico State Executive Order 85-15 of 1985 prohibits discrimination in student programs and employment on the basis of sexual preference. Title VI of the Civil Rights Act of 1964 prohibits discrimination in student programs on the basis of race, color, and national origin. The Equal Pay Act of 1983 prohibits discrimination in salary and wages on the basis of sex (gender).
[2] Anonymity for students who raise issues of sexual harassment, is a provision promulgated by the Department of Education’s Office of Civil Rights (OCR). The OCR does not (at least, not currently) make this provision applicable to faculty and staff of educational institutions.